Criminal Law Doctrines - Articles List

After enacting the Islamic penal code in 2013, extensive evolutions have occurred in the Crime of Sexual Assault. As in Article 224 for the first time, it has been mentioned ... Read More

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The Problem of the Economic Corruption from the View of the Political-Security Concerns

sakineh khanalipour vajargah

Volume 18, Issue 22 , July 2022, Pages 35-58

https://doi.org/10.30513/cld.2022.3785.1594

Abstract

Economic corruption is a collection of criminal behaviors in which its Perpetrator abuses his position and situation and through it has illicitly gained privilege or financial benefit ... Read More

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Criminological Study of the Crime Evolutions in the Light of Climate Crisis

Behzad Razavifard; Hamed Safaei Atashgah

Volume 18, Issue 22 , July 2022, Pages 59-86

https://doi.org/10.30513/cld.2022.4151.1664

Abstract

Global warming, climate change and its consequences concerning man and the environment are called climate crises. People’s behavior change is a consequence of the climate crisis. ... Read More

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Incarceration and Deviation from the Legal Principles and Rules in the Light of the Circular-Centered Criminal Policy in the Judiciary

Javad Riahi

Volume 18, Issue 22 , July 2022, Pages 87-124

https://doi.org/10.30513/cld.2022.3521.1555

Abstract

The examination of the evolution of the 2011s obviously indicates the tendency of the legislature of the Islamic Republic of Iran to moderate the previous punitive approach concerning ... Read More

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Functions of Strategic Principles of the Criminal Procedure

Muhammad mahdi Saghian; zahra eslami

Volume 18, Issue 22 , July 2022, Pages 125-154

https://doi.org/10.30513/cld.2022.3028.1481

Abstract

The criminal procedure code 2013 has assigned Articles 2-6 to some Strategic principles of the Criminal Procedure. These principles acquainting the establishment of the fair trial model ... Read More

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Accepting the Right to Victim Empowerment: Bases and Demonstrations

tahmineh shahpouri; hosein gholami; hasanali moazenzadegan

Volume 18, Issue 22 , July 2022, Pages 155-184

https://doi.org/10.30513/cld.2022.3662.1574

Abstract

The necessity of occurring promotion after damage to a victim and reconciling it with the concept of right causes the right to empowerment. The present note with the analytic-descriptive ... Read More

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The Jurisprudential Approach to the Liability for the Payment of Diyya in Killing Resulted from the Non-Capital Sentencing

sajjad adeliyan tous; Ali Reza Taqipour

Volume 18, Issue 22 , July 2022, Pages 185-218

https://doi.org/10.30513/cld.2022.3989.1635

Abstract

One of the vital issues in the realm of Islam criminal fiqh which Islamic jurists have paid attention to is the affirmation or disavowal (denial) of the liability for the payment of ... Read More

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Loss of Self-Control Defense; the Legal Evolution of Killing Deriving from the Extreme Provocation of Emotions

Jamshid Gholamloo; Sepideh Mirmajidi

Volume 18, Issue 22 , July 2022, Pages 219-254

https://doi.org/10.30513/cld.2022.4160.1666

Abstract

Loss of self-control defense is a new and special defense for perpetrators who have lost their self-control as the result of the victim’s provocative conduct and consequently ... Read More Loss of self-control defense is a new and special defense for perpetrators who have lost their self-control as the result of the victim’s provocative conduct and consequently murder him for the victim’s provocative conduct. In the event of the successful inference to this partial defense they charge with murder and are convicted of manslaughter. This defense basically is propounded in the law of countries with common law and according to the coroners and Justice Act 2009, it is obviously introduced in the criminal rules of the UK and has replaced defense of provocation. The main problem of this paper is to study why defense of provocation was abolished and what the quiddity and provisions of loss of control are. The analysis of this problem with a comparative approach to the penal code of Iran and with the descriptive-analytic approach showed that the new defense it has been attempted to remove the traditional defense of provocation. Although in both defenses the loss of control is the basic element for example, fear of serious violence is not counted as a qualifying trigger in defense of provocation now it is accepted the same as the cause of passion (anger trigger) and the provision of loss of control being sudden has been omitted. Still, in practice, there are some obstacles and problems in adducing this defense for some perpetrators the most important is too much emphasis on loss of control and applying the subjective criterion to its approval. It seems that perhaps consciously making a decision and the solution of the most details has been assigned (allocated) to judges and jury that with considering all facts in every file they make a fair decision. Despite not observing the loss of self-control defense in the penal code of Iran, trials have noticed it and sometimes attempt with their extended interpretations to apply their legal capacities to convert murder to manslaughter and to release the perpetrators from capital (death penalty) punishment.

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The Challenges of the Criminal Prosecution in the Light of the Conversions of the Legal Entities

Sayed Sajjad Kazemi; hamed chegini

Volume 18, Issue 22 , July 2022, Pages 255-284

https://doi.org/10.30513/cld.2021.2874.1453

Abstract

It is possible that the legal entities which become dissolved before or during the process of the criminal procedure to be merged with other legal entities or converted into another ... Read More

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Population Growth through Criminal Interventions; A Look to the Approval Process and the Challenges of the Implementation of the Youthful Population and Protection of the Family Law

Mohammad Bagher Moghaddasi; Mehrangiz Roustaie

Volume 18, Issue 22 , July 2022, Pages 285-312

https://doi.org/10.30513/cld.2022.3919.1625

Abstract

The Policymakers’ concern over the decline in the population growth in the recent two decades make several plans and policies be suggested to change this process. The Youthful ... Read More The Policymakers’ concern over the decline in the population growth in the recent two decades make several plans and policies be suggested to change this process. The Youthful Population and Protection of the Family Law (2021) presents the last will (intention) of the legislature to reverse this process. Besides the supportive and encouraging policies, this law has seen different prohibitions and restrictions in the realm of screening and supplying tools for fertility control (birth control), legal sterilization and abortion. Along with these cases, like the most specific rules (lex specialis) it has been considered criminal strategies by the legislature and has been tried for the primary purpose of those who codified the law i.e. the population growth to occur. However, the legislature’s criminal intervention from the different aspects encompasses problems (objectable). These problems can be for the process of codifying law and its executive problems from one division. Criminalization with the minimum participation of the assembly and legislation through the emergency route of article 85 of the Constitution of the Islamic Republic of Iran, not paying attention to previous regulations resulting in the penal legislation inflation (the increase in the number of penal laws), referring to the most accessible tool i.e. sentencing and the vanguard of the punitiveness at the circumstance of the lack of the comparative study of the non-criminal strategies it goes back to the process of enacting laws. On the other side, the ambiguity in the type of sanctions including the use of interpretable vocabulary such as “substantial, comprehensive, vast, effective factors and the business circle” and determining the type of punishment to each degree and also the problem for enforcing punishment upon legal entities are of the most important problems that the law will face challenges in the stage of implementation. This note tries to realize and identify the most important challenges and the problems of the criminal interventions of the law in the stage of legislation and enforcement with a descriptive-analytic approach.

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Keywords: The employment and recruitment of child soldiers, Armed forces, The active involvement of children, Non-international armed conflicts.

Heybatallah Najandimanesh; Iman Montazeri

Volume 18, Issue 22 , July 2022, Pages 313-350

https://doi.org/10.30513/cld.2022.2648.1418

Abstract

Armed conflicts have constantly had destructive effects on nonmilitary personnel. Children as a vulnerable group of nonmilitary personnel constantly need to receive more protection ... Read More

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The Privileges and Challenges of the Application of Cognitive Neuroscientific Evidence in the Criminal Trials

rahim nobahar; mohammadali ardebili; razieh hamrahi

Volume 18, Issue 22 , July 2022, Pages 351-378

https://doi.org/10.30513/cld.2022.2661.1417

Abstract

This paper relying on the descriptive-analytic method attempts to analyze neuroscientific evidence in the criminal files. The modern techniques of neuroscientific measurement such as ... Read More

Volume 21 (2024)

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Volume 19 (2022)

Volume 18 (2021)

Volume 17 (2020)

Volume 16 (2019)

Volume 15 (2018)

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Volume 13 (2016)

Volume 12 (2015)

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Volume 6 (2009)

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Volume 2 (2006)

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Volume 1 (2004)

Volume & Issue: Volume 18, Issue 22, July 2022, Pages 1-404

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